DailyHalacha.com for Mobile Devices Now Available

Click Here to Sponsor Daily Halacha
"Delivered to Over 6000 Registered Recipients Each Day"

      
(File size: 672 KB)
Counting a Minor Towards a Minyan

Are there any circumstances under which a minor – a boy under the age of thirteen – may be counted towards a Minyan? If, for example, nine men are in the synagogue together with an eight-year-old boy who knows how to pray and understands the concept of prayer, may they count him towards the Minyan and thus conduct a regular service?

The Gemara in Masechet Berachot (48a) comments that with regard to the "Zimun" blessing recited before Birkat Ha'mazon, a minor may, strictly speaking, count towards the minimum quorum of three participants to allow the recitation. Rabbenu Tam (France, 1100-1171), as cited by Tosefot, suggested that this ruling should perhaps extend to prayer, as well, and a minor who understands the concept of prayer should perhaps be counted towards a Minyan. In practice, however, Rabbenu Tam did not rely on this theory, and did not allow counting a minor towards a Minyan. Tosefot add that there were those who allowed counting a minor towards a Minyan if he held a Humash in his hand, but Rabbenu Tam rejected this view out of hand, referring to it as a "Minhag Shetut" ("a foolish practice").

As for the final Halacha, the Shulhan Aruch (Orah Haim 55:4) records the view that a child who is at least six years of age and understands the concept of prayer may be counted towards a Minyan. The Shulhan Aruch then adds, however, that the leading Halachic authorities did not accept this view. Thus, even if nine adult males and a child are present, they may not recite the parts of the service requiring a Minyan. Hacham Ovadia Yosef added that if a person finds himself in such a situation, and the others wish to count the child towards a Minyan and conduct a regular service, the individual should leave the synagogue in order to prevent them from this forbidden act.

In the subsequent passage, the Shulhan Aruch defines the term "adult" for the purposes of this Halacha as a boy who has reached thirteen years of age and has grown at least two adolescent hairs. If it is not known whether he has grown adolescent hair, but it is established that he has reached the age of thirteen, he may be counted towards a Minyan on the assumption that he has grown hair. So long as the absence of hair has not been established, a thirteen-year-old boy may be counted towards a Minyan.

Summary: A boy who has yet to reach the age of Bar-Misva may not be counted towards a Minyan under any circumstances; a Minyan, by definition, requires the presence of ten adult males.

 


Recent Daily Halachot...
The Week of Tisha B’Ab – Using Fresh Linens, Wearing a Freshly-Cleaned Tallit, and Ironing Garments
Is it Permissible to Eat Fish at the Final Meal Before Tisha B’Ab?
The Divergent Customs of the Sepharadim and Ashkenazim Regarding Bathing During the Nine Days
The Prohibition Against Taking a Hot Shower During the Week of Tisha B’Ab
Preparing One’s Clothes For the Week of Tisha B’Ab
Tisha BeAv- Brit Milah on Tisha BeAv
Some Laws of Motza'ei Tisha B'Av and the Tenth of Av
Extending Greetings on Tisha B’Ab and Haircutting, Shaving and Nail Cutting During the Week of Tisha B’Ab
Tisha BeAb – Wearing Freshly-Laundered Clothing; Washing Dishes
A Biblical Allusion to the Special Haftarot Before and After Tisha B’Ab
Habdala When Tisha B’Ab Falls on Sunday
Preparing Clothes Before the Week of Tisha B'Av
Tisha BeAv- Is It Permissible To Take Medicine and Wash Hands On Tisha BeAv
Tisha BeAv- Is it Permissible To Take A Hot Shower, Eat Meat, Shave And Clean Clothes At Then End of The Fast
Tisha BeAv- When Is It Appropriate To Remove One’s Shoes When Tisha BeAv Falls Out On Motzae Shabbat
Page of 239
3585 Halachot found